ParaGrafix
New Member
Aftermarket Part Trademark and Copyright Issue?
Hello,
I produce decals and small metal parts that are used to detail officially licensed plastic models. The parts that I make have no use other than enhancing products that are licensed and have been purchased.
In and of themselves there is nothing identifiable in the decals or metal parts (logos, names, etc.). I do use the trademarked name but not a logo on my website and instructions to indicate what model kit these products are to be used with.
I have been sent a letter telling me to cease and desist from making and selling my products and destroy all of my inventory. The letter is not from a lawyer, but just the president of the marketing company that handles the trademarks and copyrights.
They claim that "these properties and all derivative works based on these properties (including designs, symbols, etc.) are owned by XXX and/or YYY ...".
They state that I am implying that they endorse my product by using the trademarked names and saying that they own the trademarks and copyrights.
I believe that I am using the names in fair use and that my aftermarket parts, since they do not use the trademarked name, are also fair use similar to automotive aftermarket parts that are not licensed by (say) Ford Motor Company.
Am I right? Can I continue making and selling my parts? Should I add a disclaimer to my documents saying that I am in no way connected with the trademark holder and do not imply any endorsement by them?
Thank you for any advice you can give.
Hello,
I produce decals and small metal parts that are used to detail officially licensed plastic models. The parts that I make have no use other than enhancing products that are licensed and have been purchased.
In and of themselves there is nothing identifiable in the decals or metal parts (logos, names, etc.). I do use the trademarked name but not a logo on my website and instructions to indicate what model kit these products are to be used with.
I have been sent a letter telling me to cease and desist from making and selling my products and destroy all of my inventory. The letter is not from a lawyer, but just the president of the marketing company that handles the trademarks and copyrights.
They claim that "these properties and all derivative works based on these properties (including designs, symbols, etc.) are owned by XXX and/or YYY ...".
They state that I am implying that they endorse my product by using the trademarked names and saying that they own the trademarks and copyrights.
I believe that I am using the names in fair use and that my aftermarket parts, since they do not use the trademarked name, are also fair use similar to automotive aftermarket parts that are not licensed by (say) Ford Motor Company.
Am I right? Can I continue making and selling my parts? Should I add a disclaimer to my documents saying that I am in no way connected with the trademark holder and do not imply any endorsement by them?
Thank you for any advice you can give.
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